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· 11/8/1913

Humphreys v. Logan

Citations

  • 242 Pa. 427
  • 89 A. 557
  • 1913 Pa. LEXIS 899

Syllabus

<p>Married women — Wife surety for her husband — Judgments— Opening of judgments — Presumptions—Act of June 3, 1887, P. L. 338.</p> <p>1. A judgment note executed by a married woman .after the Act of June 3,1887, P. L. 332, is presumably a valid obligation and the burden of showing its invalidity is upon the obligor of the note.</p> <p>2. On a rule to open a confessed judgment entered against a married woman on a judgment note executed by the petitioner and her husband, where the petitioner alleged that she had signed the note as surety for her husband, an order discharging the rule will be affirmed, where it appears that the judgment has been of record twenty-two years, had been four times revived before the petition for the rule to open the judgment was presented, and that the money which the note was given to secure was used by the pe^ titioner and her husband for the improvement of their real estate, the title to which they held as tenants by the entireties.</p>

Judges: Brown, Elkin, Fell, Mesteezat, Moschziskbr, Potter, Stewart

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